Monthly Archives: January 2016

Legal Limits and the Implementation of the Affordable Care Act

by Nicholas Bagley — Monday, Jan. 25, 2016

I’ve got a new essay coming out as part of a symposium on executive power at the University of Pennsylvania Law Review. Here’s the intro: Accusations of illegality have dogged the Obama administration’s efforts to implement the Affordable Care Act, the most ambitious piece of social legislation since the advent of Medicare and Medicaid. Some […]

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D.C. Circuit Review – Reviewed: “The RICO Racket” (Or More on the Divide Between Judges and Scholars)

by Aaron Nielson — Saturday, Jan. 23, 2016@Aaron_L_Nielson

Here is a little known fact about Justice Samuel Alito: in 1989, he wrote a chapter for a book entitledThe RICO Racket (buy it now on Amazon for $100!). In his chapter—Racketeering Made Simple(r)—Alito described himself as “a federal prosecutor and staunch RICO supporter.” In a colorful way, his chapter runs through the basics of […]

The Continuing Importance of State Banking Law

by Peter Conti-Brown — Friday, Jan. 22, 2016

The Business History Review has a new article that should interest our readers. In Citibank, Credit Cards, and the Local Politics of National Consumer Finance, 1968-1991, Sean Vanatta (PhD candidate in history at Princeton) tells us the story of how Sioux Falls, South Dakota became a global financial center in 1981. Well, global financial center […]

More on Federal Coal Leasing

by Bruce Huber — Thursday, Jan. 21, 2016

Late last week President Obama announced a three-year moratorium on new coal leases on federal land. The moratorium was effected by an order from the pen of Interior Secretary Sally Jewell, and it has already come under attack by congressional Republicans (I know! I was shocked, too). Several days ago, I wrote some introductory comments […]

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Schwartz and Nelson on the SEC’s Regulation of Conflict Minerals

by Andrew Hessick — Wednesday, Jan. 20, 2016@andyhessick

In Business Roundtable v. SEC, 647 F.3d 1144 (D.C. Cir. 2011), the D.C. Circuit held that the SEC must justify all its regulations promulgated under the National Securities Market Improvement Act through cost benefit analysis. Cost-benefit analysis makes sense for many SEC regulations because they focus on easily quantified matters. But they make less sense […]

Legislating in the Shadows

by Chris Walker — Wednesday, Jan. 20, 2016@chris_j_walker

Next week I’m taking my newest project—Legislating in the Shadows—on the road with a law faculty workshop at UNLV on Monday (1/25), and another law faculty workshop at the University of Utah on Wednesday (1/27).* Thanks in advance to the law faculties at UNLV and Utah for reading the early draft of the paper and […]

On Federal Coal Leasing

by Bruce Huber — Tuesday, Jan. 19, 2016

Those of you who look for interesting news headlines buried in your Friday news feeds will have found quite an interesting little nugget on the front end of this MLK weekend. The Obama administration made good on a State of the Union hint and announced that it is initiating a moratorium on new coal leases […]

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No Harm, No Foul in Texas v. United States

by Nicholas Bagley — Tuesday, Jan. 19, 2016

Is the Obama administration’s deferred action program for the parents of citizens and legal permanent residents (DAPA) a legislative rule? The Fifth Circuit says it probably is, the administration swears it isn’t. The fight matters because, if DAPA is a legislative rule, it should have gone through notice and comment. With its cert grant in […]

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FDA’s International Agreements: Typologies and Purposes

by Sam Halabi — Tuesday, Jan. 19, 2016

In my last post, I situated FDA’s international agreements in the literature on “global administrative law” and suggested that the field’s leaders take too narrow a view of what regulators do in the process of “making” global administrative law. Their regulatory mission is often much broader than the product or sector so-described. FDA’s international agreements […]

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CVTex: Call for the Views of Texas

by Aaron Nielson — Tuesday, Jan. 19, 2016@Aaron_L_Nielson

Over the weekend I mused about how “the Court does not often ‘call for the views of Texas’ or ‘call for the views of California,’ even though those sophisticated litigants may also have something to say about a petition’s certworthiness.” Since then, a reader has helpfully pointed one fairly recent example of a CVTex: Rhine […]

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